Notes on Recordation of Mortgage Assignments
- Assignment is generally valid between ME and A1 without a recording.
- Since recordings are intended to protect the subsequent purchasers of the land or mortgage, when MR defaults and A1 foreclsoes, MR cannot defend by pointing out A1’s failure to record.
- Does recordation give constructive notice of the assignment to MR? Isn’t MR bound to learn of the assignment by insisting on seeing the note before making each payment under the payment rule?
- A GE has constructive notice of the assignment if the deed is delivered after the assignment because GE is expected to examine public records anyway. Nonrecordation of the assignment does not mean that the GE can take free of the mortgage without paying anyone because GE knew there was a mortgage and should not receive such a windfall.
- If A1 fails to record and MR and ME conspire and ME releases MR of the mortgage, A1 is bound by the release because GE could not have protected himself from such a conspiracy.
- If a note and a deed of trust are assigned to A1
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